Ombudsman: ERC chief still under investigation

MANILA, Philippines — Though already reinstated to her post, Energy Regulatory Commission (ERC) chairperson Monalisa Dimalanta is not off the hook yet of administrative charges filed against her by consumer group National Association of Electricity Consumers for Reforms, Inc. (NASECORE).

In a press statement issued yesterday, the Office of the Ombudsman said Dimalanta is still under investigation for administrative charges even though it already lifted her preventive suspension.

“Respondent Dimalanta has already filed her counter-affidavit and the documents needed in the investigation are already in the possession of the investigators. What is simply left to be done is the submission of position papers and a clarificatory hearing,” the ombudsman’s statement read.

The ombudsman said the preventive suspension of Dimalanta was lifted prior to the expiration of the six-month period because its investigators were already in the possession of pieces of evidence relevant to the case.

“When the reason for the preventive suspension has already ceased, justice and fair play demands that the preventive suspension should not be for the full six-month period allowed by law but should immediately be lifted,” the ombudsman said.

Dimalanta is facing investigation for administrative charges of grave misconduct, grave abuse of authority, gross neglect of duty and conduct prejudicial to the best interest of the service.

Filed by NASECORE in November 2023, the charges stemmed from Dimalanta’s alleged act of permitting the Manila Electric Company (Meralco) to regularly purchase electricity from Wholesale Electricity Spot Market at higher prices.

The NASECORE said Meralco, in turn, passed on the charges to consumers without the required prior approval of the ERC, in violation of the Electric Power Industry Reform Act.

NASECORE said that Meralco’s application for performance-based adjustment of its power distribution rate remained pending with the ERC, thus passing the charges to consumers is unlawful.

The ombudsman placed Dimalanta under preventive suspension because the initial evidence on record “shows that the guilt of respondent Dimalanta is strong” and that “her continued stay in office may prejudice the case filed against her.”

Dimalanta filed a motion for reconsideration but it was denied by the ombudsman, insisting that there was “sufficient basis” for her suspension.

Following the lifting of the suspension, the Office of the President, through executive secretary Lucas Bersamin, issued a memorandum dated Oct. 30, ordering the reinstatement of Dimalanta to her post.